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(영문) 청주지방법원 2018.07.26 2018고단249

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On October 45, 2012, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of Road Traffic Act (driving) at the Incheon District Court, and a fine of KRW 4 million with the same offense, etc. at the Seoul Southern District Court on December 16, 2014.

[Criminal Facts]

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BK5.

On February 8, 2018, under the influence of alcohol level of 0.104% from the blood alcohol level of around 03:00, the Defendant proceeded with the roads in front of Jincheon-gun of Chungcheongbuk-gun along one-lane from the ethical intersection to the ethic ethic ethic ethic ethic ethic.g.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system by reducing speed and properly examining the right and the right of the front side.

Nevertheless, the suspect, while neglecting his/her duty under the influence of alcohol, found and tried to avoid the E-ray freight vehicle that is driven by the victim D while driving before the defendant's vehicle late, and shocked the front part of the victim's vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On the date and time set forth in paragraph 1, the Defendant driven BK-5 vehicles under the influence of alcohol concentration of about 7 km from the street in front of an innovative restaurant (the vicinity of the Korea Gas Safety Corporation) to the place set forth in paragraph 1, where an innovation city is located in the Made-dong, the Defendant was under the influence of alcohol concentration of about 0.104% in blood.

Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, driven a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with D 1.